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Citation
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Judgment date
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| October 2014 |
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A sale by a purported administrator under invalid Grade II letters cannot transfer title; the Grade II grant was void for lack of jurisdiction.
* Administration of estates – validity of letters of administration – jurisdictional limits of Grade II Magistrate – nullity ab initio where estate exceeds small-estate threshold.
* Transactions by purported administrators – sale of estate property by person lacking valid authority is void and cannot transfer title.
* Role of Administrator General – certificate of no objection and subsequent High Court grant cure jurisdictional defect.
* Appellate review – duty to evaluate evidence and law; trial magistrate’s failure to decide on validity of competing grants and improper treatment of evidence constitutes reversible error.
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28 October 2014 |
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Fraud discovery tolls limitation, but beneficiaries must prove a proprietary interest to challenge a registered title; challenge failed.
* Limitation Act – s.20 and s.25(a): discovery of fraud tolls limitation period for claims based on fraud.
* Succession Act – s.191 and s.27: beneficiaries’ locus standi to protect an intestate’s estate; where estate has been distributed only affected beneficiaries may sue.
* Registration of Titles Act – s.176(c): immunity of registered proprietors subject to deprivation-by-fraud exception; claimant must prove prior interest and fraud.
* Evidence – validity of historic subdivision and microfilm title records, and requirement that title prints correspond with descriptions.
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27 October 2014 |
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Administrator has locus to sue; plaint discloses fraud cause of action and the case is not moot — trial ordered.
Pleadings — disclosure of cause of action (fraud) on face of plaint; Locus standi — administrator’s right to establish proprietary interests (Succession Act ss.191–192); Preliminary objections — distinction between form and substance of pleading (Baku Raphael principle); Order 6 r.28 CPR — points of law may be decided after hearing; Mootness — expiry of lease and survivorship issues require evidence and determination at trial.
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27 October 2014 |
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Whether continuous, unchallenged occupation since 1960 established bona fide occupancy and supported a trespass judgment despite locus in quo irregularity.
* Land law – kibanja/bibanja holdings – bona fide occupant under s.29(2) Land Act; capacity to sue in trespass. * Trespass – unlawful entry against person in actual or constructive possession. * Pleadings – departure from pleadings; evidence not pleaded may be excluded. * Locus in quo – procedural requirements; improper reception of non-trial witnesses but no miscarriage of justice. * Appellate review – duty to re-evaluate evidence but reluctant to disturb trial fact-finding if not plainly wrong.
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24 October 2014 |
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Court cancels registered title obtained by fraud and protects bona fide occupants with injunction, damages and costs.
Land law – bona fide and lawful occupants – admission in scheduling memorandum – indefeasibility of title – fraud vitiating registration – purchaser's duty of inquiry; invalid extension and special certificate where lease had expired; cancellation of title under Registration of Titles Act; injunction and damages for occupants.
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23 October 2014 |
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Equitable interest from purchase and possession permits cancellation of a fraudulently obtained registered title under Section 177.
Land law – equitable interest on part payment and possession; fraud vitiates registered title; cancellation of title under Section 177 Registration of Titles Act; admissibility/validity of vernacular sale agreements under Illiterates Protection Act; bona fide purchaser with notice.
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23 October 2014 |
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Bona fide purchasers for valuable consideration were upheld as legitimate landowners, no fraud proven by the Plaintiffs.
Land law – Estate administration – Fraud in land transfer – Bona fide purchaser for value without notice – Capacity of executor in real property transactions
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20 October 2014 |
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Affidavit not commissioned and lacking mandatory Illiterates Protection Act certificate bars reinstatement despite counsel’s negligence.
• Civil procedure — Setting aside dismissal of suit — Order 9 r.23 CPR; sufficient cause. • Affidavit formalities — Oaths Act/commissioning requirement; affidavit inadmissible if not sworn before Commissioner for Oaths. • Illiterates Protection Act s.3 — mandatory certificate by writer of document where deponent is illiterate; failure renders document inadmissible. • Motion practice — every motion must be supported by an affidavit (O.51 r.3 CPR). • Costs — discretionary refusal to award costs against an illiterate applicant; denial of advocate–client bill to counsel.
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16 October 2014 |
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Appellant failed to prove an unregistered kibanja or owner’s consent; unauthorised entry amounted to trespass; appeal dismissed.
Land law – unregistered/kibanja interests – burden of proof under Evidence Act; consent of mailo owner required for lawful occupancy; payment/offer vs recognition of kibanja; trespass to land; locus in quo discretionary not mandatory.
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16 October 2014 |
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Application to cancel repossession letter dismissed as valid, effectively managed by agent, and time-barred under limitation law.
* Expropriated Properties Act – repossession letters/certificates – legal force and validity
* Requirement to physically return, reside and effectively manage repossessed property within 120 days – effect of management through an appointed agent/power of attorney
* Registration of Titles Act – validity and effect of powers of attorney appointing agents
* Limitation Act – claims to recover land/cancel repossession subject to 12-year limitation and application of limitation to government
* Procedure – Section 9 ministerial power to retain or dispose of repossessed property and requirement to seek ministerial order before court intervention
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10 October 2014 |
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Revision granted where ex parte judgment was obtained after defective service (hearing notice, not summons), denying right to be heard.
* Civil Procedure – Revision under Section 83 CPA – jurisdictional review where court acted illegally or with material irregularity – ex parte proceedings founded on defective service. * Civil Procedure Rules – Service of process (Order 5) – summons and plaint must be served in prescribed form; hearing notice not a substitute. * Procedural fairness – right to be heard – defective service vitiates subsequent judgment. * Execution – set aside where underlying judgment obtained irregularly.
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10 October 2014 |
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Where dealings and payments are with a company, a director is not personally liable absent pleaded personal cause of action.
Civil procedure – preliminary objection – plaint must disclose a cause of action; Corporate law – separate legal personality (Salomon) – protection of directors from personal liability where acts are on behalf of the company; Pleading – payments and acknowledgements to company fatal to personal claim against director; Order 1 r.7 CPR – joinder only where doubt as to proper party to sue.
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10 October 2014 |
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Appellate court orders retrial where defective, uncertified record and denial of counsel caused miscarriage of justice.
Land dispute; defective and uncertified trial record; inadequate recording of testimony; denial of legal representation; breach of fair trial; mistrial; retrial ordered.
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3 October 2014 |